United States v. Irving Napue

KNOCH, Senior Circuit Judge.

The defendant-appellant, Irving Napue, was tried on an indictment charging, in Count I, an unlawful sale of narcotics to Donald W. Tucker, and, in Count II, an unlawful concealment of narcotics in violation of Title 26 U.S.C. § 4705(a) and Title 21 U.S.C. § 174. A third count charging violation of Title 21 U.S.C. § 174 was dismissed on motion of the United States prior to trial.

The defendant’s motion for acquittal on the sale count was granted by the Trial Judge. The jury found the defendant guilty under the concealment count. Defendant was sentenced to serve six…